Difference between joint tenancy and subletting in Delft: legal pitfalls

In Delft, many students and young professionals confuse joint tenancy with subletting, with serious consequences on the tight rental market. In joint tenancy, all are principal tenants with equal rights and liability; subletting is a temporary transfer by the principal tenant to a subtenant. Subletting always requires landlord's permission (Article 7:232 Dutch Civil Code) and ends automatically upon termination of the principal lease. Joint tenants cannot simply leave without consequences, whereas subtenants can upon expiry. Pitfalls in Delft: subletting without permission often leads to dissolution of the lease agreement and damage claims, especially for TU Delft student housing. The municipality of Delft and Huurteam Delft strictly monitor illegal subletting in popular neighbourhoods such as Poptahof and Vrijenban. Joint tenancy offers stronger protected enjoyment of housing, ideal for long-term situations in Delft student houses. In joint tenancy, joint and several liability applies for rent and damage; in subletting, only the principal tenant bears risk vis-à-vis the landlord. Tax advantage: joint tenants can share homeowner's mortgage interest deduction benefits, subtenants cannot – crucial for Delft starters. Always check the lease agreement for clauses, as Delft housing associations such as Vestia apply strict rules. With illegal subletting, you risk eviction via summary proceedings at the District Court of The Hague. Choose joint tenancy for equality in shared homes, subletting for short-term flexibility during internships or clerkships.